IMAGITALES TERMS OF USE

Welcome to ImagiTales. Please feel free to browse and enjoy the experience of creating custom children's books featuring the faces of those you love. ImagiTales Inc. ("ImagiTales") provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you.

You can review the most current version of our TOU at any time through www.ImagiTales.com.

By accessing, browsing, and using the ImagiTales site, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use ImagiTales' services.

1. ImagiTales Services

The ImagiTales services comprise core children's book content that you may customize to create a story unique to the child you love. ImagiTales may add additional features to the current Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU.

You acknowledge and agree that the Services are provided "AS IS" and that ImagiTales assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalizations.

In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You understand and agree in order to use ImagiTales' site you must also have downloaded and activated certain plug-in software, obtained by you for this purpose. ImagiTales bears no liability for your failure to use the ImagiTales site for any reason, including inability to access or use these plug-in software components. You also understand and agree that ImagiTales' services may include certain communications from ImagiTales, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.

2. Privacy Policy

Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing ImagiTales.com® and using the Services. Please take the opportunity to review our PRIVACY POLICY.

3. Registration Obligations

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ImagiTales has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ImagiTales has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.

To use the Services, you will need to register as a new member and obtain an account and password. You are solely responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are responsible for all activities, charges, and liabilities associated with your account(s). You must immediately notify ImagiTales of any unauthorized use of your account(s), and you are responsible for any unauthorized charges made on or through your account(s) until ImagiTales receives such notification. You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, ImagiTales reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request. . . For additional information on how we use your information, please see our PRIVACY POLICY. Your obligations with respect to registration are described below.

If you reside in the European Union, upon registration you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in countries outside the EU, including the United States. If you fail to provide your consent, you will not be permitted to access the Services for which registration is required. Your personal information shall only be used in accordance with ImagiTales' PRIVACY POLICY.

You will receive a password and account designations upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify ImagiTales of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session. ImagiTales cannot and will not be responsible for any loss or damage arising from your failure to comply with this section.

4. ImagiTales Purchases

Prices: All prices are stated in US Dollars, and are exclusive of all federal, state and local excise, sales, use and similar taxes, with the exception of sales tax charged to members residing in the state of Tennessee. Any other applicable state or local taxes are your responsibility. ImagiTales reserves the right to modify prices at any time, and will reflect those changes both in its pricing section and within the shopping cart module.

Shipment: Shipping dates will be established by ImagiTales upon acceptance of a Purchase. Shipping dates will be assigned as close as practicable based on ImagiTales's then-current lead time. ImagiTales shall not be liable for damage or penalty for delay in delivery or failure to give notice of any delay.

Title and Risk of Loss. Title to any product that ImagiTales sells outright to you hereunder shall vest in you immediately upon shipment FOB Shipping Point. Risk of loss or damage to any product shall pass to your upon passage of title or upon shipment if title does not pass to you.

5. User Content

Any Content that you upload or otherwise make available ("User Content") onto the ImagiTales site is and remains your sole property or the property of your permissor(s). By uploading a photographic image, you automatically attest, grant and/or warrant that the owner of the image and the subject of the image, (or the owner's or subject's guardian should the individual be a minor), has granted you permission to upload and manipulate the image, and that ImagiTales has the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, and subsequently distribute to you and your recipient(s) an ImagiTales product bearing that image.

6. Copyright

You acknowledge that ImagiTales website, their book content, their Services, any underlying technology used in connection with ImagiTales.com® or any ImagiTales Services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the ImagiTales website are provided by ImagiTales or third-party providers and are the copyrighted works of ImagiTales and/or such third parties. Except as expressly authorized by ImagiTales or such third parties in this TOU or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to ImagiTales in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.

7. Links

Some links on the ImagiTales websites lead to sites posted by independent site owners. Because ImagiTales has no control over these sites, ImagiTales is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, ImagiTales shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any User or other Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between ImagiTales and the linked sites. ImagiTales is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where ImagiTales would be responsible for the actions of their respective owners.

8. Conduct

You may only access the ImagiTales websites and channels and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of ImagiTales, the ImagiTales site or the Services or access to ImagiTales website or the Services; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.

You acknowledge that ImagiTales does not pre-screen User Content, but that ImagiTales shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that has been uploaded and stored on the ImagiTales site. Without limiting the foregoing, ImagiTales has the right to remove any User Content that violates the TOU or is otherwise objectionable. You agree and acknowledge that ImagiTales may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of ImagiTales, its users and the public.

9. Disclaimer of Warranty

IMAGITALES IS NOT RESPONSIBLE FOR ANY USER-CREATED OR USER-MODIFIED CONTENT CONTAINED WITHIN THE IMAGITALES WEB SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ITS WEB SITE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.

YOU AGREE THAT YOUR ACCESS TO THE IMAGITALES WEBSITE, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER IMAGITALES, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.

IMAGITALES SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL IMAGITALES OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IMAGITALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS IMAGITALES CHANNELS OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO IMAGITALES'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES IMAGITALES'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NOTHING IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF IMAGITALES.

10. Indemnification

You agree to indemnify and hold ImagiTales, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the ImagiTales web site, your use of the ImagiTales web site, your connection to the ImagiTales web site, or your breach of the TOU.

11. Trademark Notice

ImagiTales®, ImagiTales.com®, ImagiTales.com (design and word), Powered by ImagiTalesSM, Powered by ImagiTales (design and word),and ImagiTales logos are the trademarks, service marks and logos of ImagiTales Inc. All other trademarks, service marks, trade dress, and logos used in ImagiTales websites are the trademarks, service marks and logos of their respective owners.

12. Local Laws; Export Control

ImagiTales controls and operates the ImagiTales website from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the ImagiTales website from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the ImagiTales website are solely directed to individuals, companies, or other entities located in the United States.

14. Modifications to the Service

ImagiTales reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ImagiTales website, (or any part thereof) with or without notice. You agree that ImagiTales will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

15. Termination

You may discontinue your participation in and access to the Services at any time. The TOU will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that ImagiTales and its affiliates may terminate or block your use of all or part of the ImagiTales website without prior notice for any reason, including, without limitation, if ImagiTales believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on ImagiTales web site and may bar your access to the ImagiTales websites and channels and use of the Services.

16. General

By accessing the ImagiTales website, you agree to the above stated TOU. This Agreement is entered into in the state of Tennessee and shall be construed in accordance with the laws of the state of Tennessee, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the state of Tennsssee, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to certain services within ImagiTales.com® constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOU to customerhelp@ImagiTales.com.